Title 49—Transportation--Volume 1
PART 525—EXEMPTIONS FROM AVERAGE FUEL ECONOMY STANDARDS
§ 525.1   Scope.
This part establishes procedures under section 502(c) of the Motor Vehicle Information and Cost Savings Act, as amended (15 U.S.C. 2002) for the submission and disposition of petitions filed by low volume manufacturers of passenger automobiles to exempt them from the average fuel economy standards for passenger automobiles and to establish alternative average fuel economy standards for those manufacturers.
§ 525.2   Purpose.
The purpose of this part is to provide content and format requirements for low volume manufacturers of passenger automobiles which desire to petition the Administrator for exemption from applicable average fuel economy standards and for establishment of appropriate alternative average fuel economy standards and to give interested persons an opportunity to present data, views and arguments on those petitions.
§ 525.3   Applicability.
This part applies to passenger automobile manufacturers.
§ 525.4   Definitions.
(a) Statutory terms. (1) The terms fuel, manufacture, manufacturer, and model year, are used as defined in section 501 of the Act.
(2) The terms average fuel economy, fuel economy, and model type are used as defined in 40 CFR 600.002-77.
(3) The term automobile means a vehicle determined by the Administrator under 49 CFR part 523 to be an automobile.
(4) The term passenger automobile means an automobile determined by the Administrator under 49 CFR part 523 to be a passenger automobile.
(5) The term customs territory of the United States is used as defined in 19 U.S.C. 1202.
(b) Other terms. (1) The term base level and vehicle configuration are used as defined in 40 CFR 600.002-77.
(2) The term vehicle curb weight is used as defined in 40 CFR 85.002.
(3) The term interior volume index is used as defined in 40 CFR 600.315-77.
(4) The term frontal area is used as defined in 40 CFR 86.129-79.
(5) The term basic engine is used as defined in 40 CFR 600.002-77(a)(21).
(6) The term designated seating position is defined in 49 CFR 571.3.
(7) As used in this part, unless otherwise required by the context:
Act means the Motor Vehicle Information and Cost Savings Act (Pub. L. 92-513), as amended by the Energy Policy and Conservation Act (Pub. L. 94-163);
Administrator means the Administrator of the National Highway Traffic Safety Administration;
Affected model year means a model year for which an exemption and alternative average fuel economy standard are requested under this part;
Production mix means the number of passenger automobiles, and their percentage of the petitioner's annual total production of passenger automobiles, in each vehicle configuration which a petitioner plans to manufacture in a model year; and
Total drive ratio means the ratio of an automobile's engine rotational speed (in revolutions per minute) to the automobile's forward speed (in miles per hour).
§ 525.5   Limitation on eligibility.
Any manufacturer that manufactures (whether or not in the customs territory of the United States) 10,000 or more passenger automobiles in the second model year preceding an affected model year or in the affected model year is ineligible for an exemption for that affected model year.
§ 525.6   Requirements for petition.
Each petition filed under this part must—
(a) Identify the model year or years for which exemption is requested;
(b) Be submitted not later than 24 months before the beginning of the affected model year, unless good cause for later submission is shown;
(c) Be submitted in three copies to: Administrator, National Highway Traffic Safety Administration, Washington, DC 20590;
(d) Be written in the English language;
(e) State the full name, address, and title of the official responsible for preparing the petition, and the name and address of the manufacturer;
(f) Set forth in full data, views and arguments of the petitioner supporting the exemption and alternative average fuel economy standard requested by the petitioner, including the information and data specified by § 525.7 and the calculations and analyses used to develop that information and data. No documents may be incorporated by reference in a petition unless the documents are submitted with the petition;
(g) Specify and segregate any part of the information and data submitted under this part that the petitioner wishes to have withheld from public disclosure in accordance with part 512 of this chapter.
§ 525.7   Basis for petition.
(a) The petitioner shall include the information specified in paragraphs (b) through (h) in its petition.
(b) Whether the petitioner controls, is controlled by, or is under common control with another manufacturer of passenger automobiles, and if so, the nature of that control relationship, and the total number of passenger automobiles manufactured by such other manufacturer or manufacturers.
(c) The total number of passenger automobiles manufactured or likely to be manufactured (whether or not in the customs territory of the United States) by the petitioner in the second model year immediately preceding each affected model year.
(d) For each affected model year, the petitioner's projections of the most fuel efficient production mix of vehicle configurations and base levels of its passenger automobiles which the petitioner could sell in that model year, and a discussion demonstrating that these projections are reasonable. The discussion shall include information showing that the projections are consistent with—
(1) The petitioner's annual total production and production mix of passenger automobiles manufactured or likely to be manufactured in each of the four model years immediately preceding that affected model year;
(2) Its passenger automobile production capacity for that affected model year;
(3) Its efforts to comply with that average fuel economy standard; and
(4) Anticipated consumer demand in the United States for passenger automobiles during that affected model year.
(e) For each affected model year, a description of the following features of each vehicle configuration of the petitioner's passenger automobiles to be manufactured in that affected model year;
(1) Maximum overall body width, overall length, and overall height, determined in accordance with Motor Vehicle Dimensions SAE J1100a (report of Human Engineering Committee, approved September 1973, as revised September 1975);
(2) Vehicle curb weight;
(3) Number of designated seating positions and interior volume index;
(4) Basic engine, displacement, and SAE rated net power, kilowatts;
(5) Fuel metering system, including the number of carburetor barrels, if applicable;
(6) Drive train configuration and total drive ratio;
(7) Emission control system;
(8) Dynamometer road load setting, determined in accordance with 40 CFR part 86, and the method used to determine that setting, including information indicating whether the road load setting was adjusted to account for the presence of air conditioning and whether the setting was based on the use of radial ply tires; and
(9) Use of synthetic lubricants, low viscosity lubricants, or lubricants with additives that affect friction characteristics in the crankcase, differential, and transmission of the vehicles tested under the requirements of 40 CFR parts 86 and 600. With respect to automobiles which will use these lubricants, indicate which one will be used and explain why that type was chosen. With respect to automobiles which will not use these lubricants, explain the reasons for not so doing.
(f) For each affected model year, a fuel economy value for each vehicle configuration specified in 40 CFR 600.506(a)(2), base level, and model type of the petitioner's passenger automobiles to be manufactured in that affected model year calculated in accordance with subpart C of 40 CFR part 600 and based on tests or analyses comparable to those prescribed or permitted under 40 CFR part 600 and a description of the test procedures or analytical methods.
(g) For each affected model year, an average fuel economy figure for the petitioner's passenger automobiles to be manufactured in that affected model year calculated in accordance with 40 CFR 600.510(e) and based upon the fuel economy values provided under paragraph (f) of this section and upon the petitioner's production mix projected under paragraph (d) of this section for the affected model year.
(h) Information demonstrating that the average fuel economy figure provided for each affected model year under paragraph (g) of this section is the maximum feasible average fuel economy achievable by the petitioner for that model year, including—
(1) For each affected model year and each of the two model years immediately following the first affected model year, a description of the technological means selected by the petitioner for improving the average fuel economy of its automobiles to be manufactured in that model year.
(2) A chronological description of the petitioner's past and planned efforts to implement the means described under paragraph (h)(1) of this section.
(3) A description of the effect of other Federal motor vehicle standards on the fuel economy of the petitioner's automobiles.
(4) For each affected model year, a discussion of the alternative and additional means considered but not selected by the petitioner that would have enabled its passenger automobiles to achieve a higher average fuel economy than is achievable with the means described under paragraph (h)(1) of this section. This discussion must include an explanation of the reasons the petitioner had for rejecting these additional and alternative means.
(5) In the case of a petitioner which plans to increase the average fuel economy of its passenger automobiles to be manufactured in either of the two model years immediately following the first affected model year, an explanation of the petitioner's reasons for not making those increases in that affected model year.
§ 525.8   Processing of petitions.
(a) If a petition is found not to contain the information required by this part, the petition is informed about the areas of insufficiency and advised that the petition will not receive further consideration until the required information is submitted.
(b) The Administrator may request the petitioner to provide information in addition to that required by this part.
(c) The Administrator publishes a proposed decision in the Federal Register. The proposed decision indicates the proposed grant of the petition and establishment of an alternative average fuel economy standard, or the proposed denial of the petition, specifies the reasons for the proposal and invites written public comment on the proposal.
(d) Any interested person may, upon written request to the Administrator not later than 15 days after the publication of a notice under paragraph (c) of this section, meet informally with an appropriate official of the National Highway Traffic Safety Administration to discuss the petition or notice.
(e) After the conclusion of the period for public comment on the proposal, the Administrator publishes a final decision in the Federal Register. The final decision is based on the petition, written public comments, and other available information. The final decision sets forth the grant of the exemption and establishes an alternative average fuel economy standard or the denial of the petition, and the reasons for the decision.
§ 525.9   Duration of exemption.
An exemption may be granted under this part for not more than three model years.
§ 525.10   Renewal of exemption.
A manufacturer exempted under this part may request renewal of its exemption by submitting a petition meeting the requirements of §§ 525.6 and 525.7.
§ 525.11   Termination of exemption; amendment of alternative average fuel economy standard.
(a) Any exemption granted under this part for an affected model year does not apply to a manufacturer that is ineligible under § 525.5 for an exemption in that model year.
(b) The administrator may initiate rulemaking either on his own motion or on petition by an interested person to terminate an exemption granted under this part or to amend an alternative average fuel economy standard established under this part.
(c) Any interested persons may petition the Administrator to terminate an exemption granted under this part or to amend an alternative average fuel economy standard established under this part.
§ 525.12   Public inspection of information.
(a) Except as provided in paragraph (b), any person may inspect available information relevant to a petition under this part, including the petition and any supporting data, memoranda of informal meetings with the petitioner or any other interested persons, and the notices regarding the petition, in the Docket Section of the National Highway Traffic Safety Administration. Any person may obtain copies of the information available for inspection under this paragraph in accordance with part 7 of the regulations of the Office of the Secretary of Transportation (49 CFR part 7).
(b) Except for the release of confidential information authorized by section 505 of the Act and part 512 of this chapter, information made available for public inspection does not include information for which confidentiality is requested under § 525.6(g) and is granted in accordance with part 512 and sections 502 and 505 of the Act and section 552(b) of title 5 of the U.S.C.